Surviving family members can seek justice through wrongful death lawsuits in specific scenarios. If there is proof that either negligence or illegal behavior led to someone dying, a lawsuit seeking compensation for the practical consequences of the death could be possible.
For families who lost a loved one prematurely due to issues at a nursing home, proving that the cause of death relates to the misconduct or negligence of workers at the facility can be a challenge. An autopsy report detailing the findings of a post-mortem examination can help validate that preventable infections, abuse, malnutrition or other alarming circumstances led to someone dying.
When can families request an autopsy after a nursing home death in California?
The state could intervene
Autopsies in scenarios involving questionable deaths often occur due to state intervention. When medical or law enforcement professionals question the cause of death or other details surrounding a tragedy, an autopsy may occur without surviving family members needing to do anything special.
However, people can be dismissive about deaths in nursing homes due to the age of the residents and their medical fragility. As such, surviving family members may need to assert their rights after a questionable passing in a nursing home. They can request a post-mortem examination to determine the cause of death and what circumstances may have contributed to the tragedy.
Requesting an autopsy, securing medical records and gathering other documentation can be difficult for those already dealing with grief. Retaining the assistance of a wrongful death and nursing home negligence attorney can make it easier for families to pursue justice after a tragedy.